Revolutionary War Pension and Bounty Land Warrant Application File R. 3755, John Franklin, Mass.

SERVICE
Hoass.
NUMBER _____
Franklin, John
R. 3755-
CONTENTS

State of New York County of Chautauqua
(A)
On the 24th day of June 1833 personally appeared before me the undersigned a justice of the Peace of said County, John Franklin of Haverstown in the County aforesaid, who being duly sworn deposeth and saith that he cannot swear positively whether he belonged to the State Troops of Massachusetts or to the Continental line. The only reason why he thought he belonged to the Continent- al line was, that he was engaged a part of the time in drawing Ammunition & forage for the Army under the command of General Washington Colonel Sheldon commanded a Regiment of Horse at or near White Plains & belonged to the Continental line Col. Sprout also commanded a Regiment at P'keepsie, White Plains & and West Point as he now recollects of being here at these three places, He cannot recollect the name of the Colonel under whom he served except he fre- quently was employed with a train under the direction of the said Colonels Sheldon & Sprout In the month of March 1781 he was stationed at Springfield about 3 weeks & secured his team. there were about 20 teams at this place under command of the said Captain Bat- cher and also one company of soldiers who guarded the Arsenal at this place and he thinks there were no field officers at this place to his recollection. He then in company with the rest of the team took a load of Ammunition to Claverack which was put on board of keels & sent down the river, He then went to the Army below P'keepsie White Plains and was stationed there in the field until after General Washington's Army left for the South which here he frequently was carried in a wagon for the Regiment under Col. Sheldon in different

24 Quarters for a week or two & when part of the Army removed to Pukashill, He assisted in removing the baggage, While he was Stationed at Pukashill he assisted in removing the baggage of the Army to West Point, That he was a private soldier and served as such for his said term term of Eleven months - He drew his rations & pay as a soldier was enrolled as such, and attended roll calls & reviews as a soldier and was under the control of the officers of the Army. There are no persons living who know of his services having been rendered, to his knowledge that he served in a regular embodied corps, & was not employed in any civil pursuit, that by reason of old age & infirmity and the consequent loss of memory, he is unable to state further than he has stated in the foregoing affidavit & the original proceedings herewith connected except that he was at a skirmish below Kings ferry on the North River where he went with his team & carried grape shot & cannon balls He was stationed in the field during his whole term & not in the Garrison  sworn before me the } John Franklin 24th day of June 1833 }  Nathan Moyer Justice

State of New York County of Chautauqua
On this 12 th day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court before the judges of the Court of Common Pleas of said county now sitting, John Franklin President of the Town of Chautauqua in the county aforesaid age sixty nine years the twenty seventh day of October last who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832. That he was born in the town of Rehoboth county of Bristol and State of Massachusetts in the year of our Lord one thousand seven hundred and sixty three on the twenty seventh day of October in that year, When he was four years old he removed to the town of Winchester in the county of Cheshire and state of New Hampshire and resided there until he was twenty years old and then removed to Swaney the town adjoining and resided there 18 or 19 years and then removed to the town of Newton in county of Orinda and state of New Hampshire and resided there five years and then removed to Ellisburg Jefferson county New York and resided there until thirteen years ago and then removed to the town of Chautauqua county of Chautauqua and state of New York where he now resides. That he entered the service of the United States as a volunteer in March 1781 that he enlisted for the term of eleven months as a teamster under Captain Jeremiah Ballou of Massachusetts who belonged to the teamster service and General White was then Master General to which he belonged to the state troops of Massachusetts or the Continental

him he cannot state, But he does recollect belonging to the continental Service, That he first went to Spring- field Massachusetts, from thence to Claverack on the North River New York, and then joined the Army under General Washington near White Plains, and from thence to Red Bank and was there dis- charged after being in the service his full term of eleven months, That he enlisted as a teamster, and was not employed by the year or month for any individual and was employed in drawing provis- ions, forage, and baggage for the Army under the command of the Captain and General aforesaid and thinks he belonged to the continental Army. He has no record of his age. He received no. 10 in the dis- charge to his recollection. Samuel Brummitt is a clergyman with whom he is well acquainted and Alva Cummings of Arkwright resides in his immediate vicin- ity & has been acquainted with him longer than any person in Chautauqua County. He hereby distinguishes every claim to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state. J. M. Franklin Sworn to & subscribed the day & year aforesaid before me J. B. Campbelle
We Samuel Brummitt a clergyman residing in the town of Blauvelt in the County of Chautauqua State of New York & Alva Cummings of Arkwright in the County aforesaid do hereby certify that we are well acquainted with John Franklin who has subscribed and sworn to the foregoing declaration that we believe him to be right in the report of age that he is reported and believed in

the neighborhood when he resides to have been a victim of the Revolution. And that we concur in that opin- ion - and that his general character for truth and veracity is good. James Bennett Abiah Cummings Deborn before me J. B. Campbell
and the said Court Do hereby declare their opinion after the Investigation of the matter & after perusing the Interrogatories presented by the War Department, that the above named applicant was a revolutionary Soldier & served as he states, & the Court further certify that it appears to them, that James Bennett who has signed the preceding certificate is a duly sworn, in the Town of Harrison & County aforesaid, & also that Abiah Cummings Who has also signed the same, is a resident of the Town of Arthurskill and a credible person, & their statements are entitled to credit & that Thomas B. Campbell is one of the Judges of said Court & administered the sworn al oath certified by him, in the foregoing proceedings, in open Court.
I James B. Sneyd Clerk of the Court of Common Pleas in & for the County of Dutchess & State of New York do hereby certify that the foregoing contains the foregoing contains the original proceedings of the said Court, in matter of the appli- cation of John Franklin for a pension. Witness my hand & the Seal of the Common Pleas of said County this 12 day of October A.D. 1832 -
James B. Sneyd Clerk

1845-5
Prothonotary Public
John Franklin
542 Attorney
William Schuch of Schoon Chautauqua County N.Y. Agreeable to her wish.
State of New York Chautauqua County ss. I James D. Lorry clerk of Said County and of the Court of Common pleas held in & for the same do hereby certify that Nathan Mixon before whom the foregoing affidavit marked A. purports to have been made, was on the day of the making of the Said affidavit and still is a justice of the peace in & for Said County duly authorized to administer oaths: and that I am well acquainted with the hand writing of the Said Nathan Mixon and verify before his signature to the Said affidavit to be his proper hand writing. And further that the papers herunto annexed marked B. C. contain the Original proceedings of the Court of common pleas of Said County on the matter of the application of the within named John Franklin for a spousal.
Witness my hand and the Seal of the Court of Common pleas of Said County this twenty Seventh day of June eighteen hundred and thirty three.
James D. Lorry Clerk.

no 18455 Mr. Franklin N.Y.
e.m.
Ryutut
(Rud)
Wm Nash Chautauqua County New York — agent

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Geo. Franklin, of Schenectady Co. New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol. 1781 Enlisted 11 Sergeant Capt Jeremiah Battles Genl Washington To Springfield Massachusetts Canajoharie N.Y. Rensselaer Aged 69 Testimony  
I am, respectfully,
Your obedient servant,
He was a member of the Continental
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____ Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?  { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of New York County of Chautauqua ss:
On this 28 th day of October 1851 before me a Justice of the Peace in and for the County & State aforesaid personally appeared John Y Franklin Jr of the town of Arkwright in the County & State aforesaid who being duly sworn according to law says that he is a son of John Y Franklin deceased who served in the Revolutionary war as a Teamster. that the said John Y Franklin died on the 14 th day of February 1850. leaving no widow & the following surviving children only viz. John Y Franklin this declarant. Ebenezer Y Franklin Alpheus Y Franklin. Purity wife of Joseph Howard & Rachel widow of Alvah Cummings. That said John Y Franklin formerly resided in the town of Hanover in the County & State aforesaid. That some time during the life time of the said John Y Franklin deceased it is believed that he applied to the Pension office at Y Washington for a pension under act of 7 th June 1832 and that he filed the proper proofs therein to entitle him to the same & that his claim was suspended or rejected & this deponent asks that the proofs in said office may be examined & that the pension may be allowed to the surviving children of the said John Y Franklin deceased. Declarant further says that no administration of the goods chattels and credits of said John

Franklin deceased has ever been appointed. subscribed & sworn before me this 28 th day of October 1851 by John Franklin Jr to me personally known to me known to be a son of John Franklin deceased.
John Franklin Jr
A. McHenry Justice of Peace
State of New York Chautauqua County } ss: Clerk's Office
I Richard O'Brien Deputy under Oyer & terminer Clerk of said County and also Clerk of the courts thereof do hereby certify that A. McHenry Esq. was on the 28 th day of October 1851 a Justice of the Peace in and for said County duly elected and sworn and authorized by the laws of this State to administer oaths and affirmations and further that his signature to the above jurat is genuine.
In testimony whereof I have hereunto set my name and affixed the Seal of said County this 30 th day of October A.D. 1851 R. O'Brien Dept. Clerk

3755 am
P. O.
John Franklin
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

40
Rev. New York John Franklin Rejected ad 7 p.m.
letter 17 Oct 1833 to W. H. Webb and Belcher W. Nash

Off. Sol. Court Claims. Washington, January 19. 1857
Sir,
The petition of Sadeth, Adm. John Franklin, filed in this Court alleges that Franklin claimed in 1834 a pension under the act of June 7, 1832 for services in the Rev. War. He alleges 15 mos.  3 mos. & 3 wks., one of 6 mos., & subsequently one of 18 mos. service, and says his claim was rejected solely on the ground that he had, between the periods of 15 and 18 months, served com- pletely with the British forces.
Please furnish a copy of the decision in his case or any document that will show the true cause of the rejection of his claim.
Very Respectfully J. W. D. Thornton Deputy Solicitor
Prof. Whiting Esq Comm. Pensions

State of New York Chautauqua County ss.
I Orson Stiles County Clerk of the county of Chautauqua do hereby certify that at a term of the Chautauqua County Court held at the Village of Mayville on the 39 th day of Oct. 1851 in and for said County of Chautauqua satisfactory evidence was exhibited to said Court that John Franklin who formerly resided in the town of Hanover in the County of Chautauqua died on the 14 th day of February 1850. leaving no widow & the following surviving children only viz John Franklin & Ebenezer Franklin Alpheus Franklin Paul wife of Joseph Howard & Rachel widow of Alvah Cummings & that no administrator of the goods chattels & credits of said John Franklin deceased have ever been appointed.
In testimony whereof I have hereunto affixed the seal of said Court at Mayville this thirtieth day of October A. D. 1851.
O. Stiles Clerk